Lowry v. Tiernan & Williamson
Court of Appeals of Maryland
Appeal from a decree of the Court of Chancery, dismissing the bill of the complainants, in that court, (the now appellants.) The bill stated, that Sally Jinn Lowry, (late Sally JlniLooris,) the wife of James Lowry, the other complainant, on the iSth of September 1824, they then being single, and contemplating a marriage, and the said Sally Jinn being possessed of, and entitled, to the sum of 08,200, bearing interest at six per cení per annum from the 1st of July 1824,…
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Appeal from a decree of the Court of Chancery, dismissing the bill of the complainants, in that court, (the now appellants.) The bill stated, that Sally Jinn Lowry, (late Sally JlniLooris,) the wife of James Lowry, the other complainant, on the iSth of September 1824, they then being single, and contemplating a marriage, and the said Sally Jinn being possessed of, and entitled, to the sum of 08,200, bearing interest at six per cení per annum from the 1st of July 1824, inclusively, payable quarter yearly, being stock created in pursuance of an act of congress, as per certificate, &c. That the…
1Opinion of the CourtArcher, J.
There is in effect a negation in the deed of settlement of any general disposing power in Mrs. Lowry. The entire legal estate is transferred to trasteos, who are to permit her to receive, during life, *40the dividends and profits of the stock. She has reserved no' power whatever over the principal, except merely the jusdisponendi by last will and testament, and that only in a certain event. She has completely parted with her power, dominion and control over her property, and has subjected it to specific purposes and trusts. With such a character impressed on the instrument, and viewing it as a…
2Cited by6 opinions
- Cooke v. HusbandsCourt of Appeals of Maryland · 1857
- Livingston v. HallCourt of Appeals of Maryland · 1891
- Chase v. GreyCourt of Appeals of Maryland · 1919
- Tyson v. LatrobeCourt of Appeals of Maryland · 1875
- Nevin v. GillespieCourt of Appeals of Maryland · 1881
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